La. Admin. Code tit. 28 § XLIII-532

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-532 - Appeal

A. General. The parent of a student with a disability who disagrees with any decision regarding placement under §530 and 531, or the manifestation determination under §530. E, or an LEA that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a hearing pursuant to §507 A and B.

B. Authority of Hearing Officer

1. A hearing officer under §511 hears and makes a determination regarding an appeal under Subsection A of this Section.

2. In making the determination under Paragraph B.1 of this Section, the hearing officer may:

a. return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of §530 or that the student's behavior was a manifestation of the student's disability; or

b. order a change of placement of the student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

3. The procedures under Subsection A and Paragraphs B.1 and 2 of this Section may be repeated, if the LEA believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

C. Expedited Due Process Hearing

1. Whenever a hearing is requested under paragraph A of this section, the parents or the LEA involved in the dispute shall have an opportunity for an impartial due process hearing consistent with the requirements of §507 A-C, and 510-514, except as provided in Paragraphs C.2 through 4 of this Section.

2. The LDE shall arrange for the expedited due process hearing, which shall occur within 20 school days of the date the request for due process hearing is filed. The hearing officer shall make a determination within 10 school days after the hearing.

3. Unless the parents and the LEA agree in writing to waive the resolution meeting described in Subparagraph C.3.a of this Section, or agree to use the mediation process described in §506:

a. a resolution meeting shall occur within seven days of receiving notice of the request for due process hearing; and

b. the due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the request for due process hearing.

4. The LDE requires the exclusion of evidence not disclosed to the other party three business days before the hearing, unless the parties agree otherwise. Except for the timelines modified in Paragraph C.3 of this Section, the LDE shall ensure that the requirements in §510 through §514 are met.

5. The decisions on expedited due process hearings are appealable consistent with §514.

La. Admin. Code tit. 28, § XLIII-532

Promulgated by the Board of Elementary and Secondary Education, LR 34:2078 (October 2008), amended LR 38:2368 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.